ACNT lawsuit dismissed: City claimed immunity from suit in court filing

A hearing on Al Brewster's lawsuit against the city of Frisco scheduled for Friday has been canceled following the dismissal of the case.

The suit, filed Feb. 5 in Collin County Justice of the Peace Precinct 4, was dismissed by Judge Mike Yarbrough on Feb. 25 at Brewster's request. The suit claimed the Frisco City Council's actions and refusal to spin off the Arts Center of North Texas into a separate nonprofit caused the downfall of the project, resulting in Brewster losing his $500 donation to the ACNT.

In an email to the Plano Star Courier after the case was dismissed, Brewster said he was disappointed he will not have his day in court.

"I, of course, am unhappy that the city attorney has been able to shut me down without the court or public having an opportunity to get the whole picture presented and hopefully hold the council liable for their actions," he wrote.

Frisco City Attorney Richard Abernathy did not return calls seeking comment, but said in a court filing that the city was immune from such lawsuits according to state law. The filing also states the city did not have Brewster's donation, so it could not return it to him, while also denying that the city's actions were the sole cause of the ACNT's failure.

In a court filing requesting his case be dismissed, Brewster said after reading Abernathy's filing about the city's sovereign immunity he felt the need to withdraw his case due to lack of jurisdiction. He also said he did not have "unlimited funds" with which to hire an attorney and pursue the case further.

"After having researched the quoted cases, I must therefore agree that the learned attorney has outmaneuvered a common citizen attempting to hold city leaders responsible for their actions," he wrote to Judge Yarbrough.

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